40-5-1034. Limited immunity of petitioner. (1) Participation by a petitioner in a proceeding under this part before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.

Terms Used In Montana Code 40-5-1034

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201

(2)A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under this part.

(3)The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this part committed by a party while physically present in this state to participate in the proceeding.